(PS) Rojas v. County of Sacramento

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 ROBERT EUGENE ROJAS, No. 2:22-cv-00967 AC 12 Plaintiff, 13 v. ORDER AND FINDINGS AND

RECOMMENDATIONS

14 COUNTY OF SACRAMENTO, et al., 15 Defendants. 16 17 Plaintiff, a former county inmate proceeding pro se, seeks relief pursuant to 42 U.S.C. § 18 1983 and has requested leave to proceed in forma pauperis pursuant to 28 U.S.C. § 1915. 19 I. Statutory Screening of Prisoner Complaints 20 The court is required to screen complaints brought by prisoners seeking relief against “a 21 governmental entity or officer or employee of a governmental entity.” 28 U.S.C. § 1915A(a). 22 The court must dismiss a complaint or portion thereof if the prisoner has raised claims that are 23 “frivolous, malicious, or fail[] to state a claim upon which relief may be granted,” or that “seek[] 24 monetary relief from a defendant who is immune from such relief.” 28 U.S.C. § 1915A(b). 25 A claim “is [legally] frivolous where it lacks an arguable basis either in law or in…